PUBLICATIONS

As early as the end of February, the Federal Communications Commission is poised to fundamentally unravel the light touch regulatory approach to Internet governance that has made America the world leader in broadband Internet access. The Commission is prepared to vote on an order that would apply 1930s monopoly-era telephone rules to the Internet, reversing over 15 years of successful bipartisan actions...[Read More!]

On November 20, 2014, President Obama announced that he was unilaterally suspending deportation proceedings against millions of illegal immigrants. Despite the President’s claim that his actions were simply “the kinds of actions taken by every single Republican president and every single Democratic President for the past half century,” whether or not prosecutorial discretion can be stretched so far is actually an issue of first impression. But as serious as that issue is, it masks a much more fundamental constitutional question about executive power...[Read More!]

The Federalist Society is pleased to present two different perspectives on the North Carolina Board of Dental Examiners v. Federal Trade Commission case currently pending before the U.S. Supreme Court...[Read Now!]

Recently, both practical and doctrinal changes have significantly reduced the degree to which criminal punishment fits rule-of-law ideals. Although far from the only cause, the expansion of criminal sanctions as a by-product of an extraordinary explosion in administrative rulemaking that is backed by criminal liability has helped propel this change. While there are reasons to support criminal enforcement of administrative decision-making, the ways in which administrative rules are adopted, applied, and enforced and the scale of governmental law-making (including administrative rule-making) that has provided the grounds for potential criminal penalties have produced a massive increase in government power that risks serious erosion of individual liberty. This change cries out for immediate attention—and for changes to the law....[Read More!]